In many companies the corporate identity is implemented in every fiber of the company. This often includes vehicles. In order to prevent coat tail riding from third parties, visual elements are often registered as designs. In the European Union it's possible to register a position mark. Although European authorities have the tendency to refuse these type of trademarks, they sometimes accepted them.
In order to gain attention for your products with the general public it can be very attractive to align your products with the reputation of an existing trademark. However, if this is done too explicitly it can lead to problems. Fashion designer CHANEL (established in 1909 by Coco Chanel) has been doing well on the market since the arrival of Karl Lagerfeld. In order to protect their trademarks well (and act against counterfeit) both the word CHANEL and the logo (two mirrored Cs) have been registered as trademarks.
Ernest Evans, better known as the rocker Chubby Checker, became world-famous in the sixties with his TWIST numbers. To protect his interests Evens registered his stage name CHUBBY CHECKER as a trademark in 1997. This year it came to a lawsuit against HP.
In England, a riot occurred surrounding the fantastic new commercial for Unilever’s Marmite. The commercial has a report like layout. Rescue teams enter houses to save unused and neglected Marmite jars. Parents are admonishingly addressed and the jars are put in small cages as endangered animals. In the shelter (a kind of asylum), the jars regain strength until a place is found for a new owner (eater).
The Dutch company Avelon designs and manufactures clothing including a special jacket. The most special about the jacket: the combination suede leather and contrasting pink zipper that runs in a U turn. The jacket is a combination of tough and sporty. When LN Konfektion starts selling a similar jack (the Audrey jacket), a lawsuit follows.
The use of INN stems in trademarks has caused quite a stir. The World health Organization has issued a memo in 2011 on the use thereof. It is desirable that manufacturers do not base their trademark on INNs and that INNs are not used in trademarks. Because this is merely a recommendation, many countries did not include this in their legislation. The consequence of this is that manufacturers are trying to find the limit of what is allowed. Trademarks are often composed of an INN (or variation on it) in combination with another word that may refer to application, for example. The question is what the extent of trademark protection is for such names.
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Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.
Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor
